The use of services from The JoVis
Companies, Inc. [hereafter referred to as "JoVisweb"] constitutes
agreement to these terms. You may view our Privacy Policy here.

 

1.) Account Setup / Email on file

We will setup your account after we
have received payment and we and/or our payment partner(s) have screened the
order(s) in case of fraud. It is your responsibility to provide us with an
email address which is not @ the domain(s) you are signing up under. If there
is ever an abuse issue or we need to contact you, the primary email address on
file will be used for this purpose. It is your responsibility to ensure the
email address on file is current or up to date at all times. If you have a
domain name registered with JoVisweb, it is your responsibility to ensure that
the contact information for your domain account and your actual domain name(s)
is correct and up-to-date. JoVisweb is not responsible for a lapsed
registration due to outdated contact information being associated with the
domain. If you need to verify or change this information, you should contact
our sales team via email. Providing false contact information of any kind may
result in the termination of your account. In dedicated server purchases or
high risk transactions, it will be necessary to provide government issued
identification and possibly a scan of the credit card used for the purchase. If
you fail to meet these requirements, the order may be considered fraudulent in
nature and be denied.

 

Ownership

The credit card holder or owner of
the PayPal e-mail address which is utilized for payment on the account is
designated as the authorized owner of the account.

 

Transfers

Our transfers team will make every
effort to help you move your site to us. However, transfers are provided as a
courtesy service, and we can not make guarantees regarding the availability,
possibility, or time required to complete an account transfer. Each hosting
company is configured differently, and some hosting platforms save data in an
incompatible or proprietary format, which may make it extremely difficult if
not impossible to migrate some or all account data. We will try our best, but
in some cases we may be unable to assist you in a transfer of data from an old
host.

 

The free transfer services are
available for 30 days from your sign up date. Transfers outside of the 30 day
free period will incur a charge; please contact a member of the transfers
department with specific details to receive a price quote.

 

Dedicated IP Address Allocation

Any dedicated IP order in addition
to ones provided with a hosting package may be subject to IP Justification.
Justification practices are subject to change to remain in conformity with
policies of American Registry for Internet Numbers (ARIN). We reserve the right
to deny any dedicated IP request based on insufficient justification or current
IP utilization.

 

Third Party Providers

All transactions with third party
providers are solely between the visitor and the individual provider. JoVisweb
is not the agent, representative, trustee or fiduciary of you or the third
party provider in any transaction.

All discounts, promotions and
special third party offers may be subject to additional restrictions and
limitations by the third party provider. All transactions with third party
providers are subject to the terms and conditions under which the provider
agrees with you to provide the goods or services. You should confirm the terms
of any purchase and/or use of goods or services with the specific provider with
whom you are dealing.

We do not make any representations
or warranties regarding, and are not liable for, the quality, availability, or
timeliness of goods or services provided by a third party provider. You
undertake all transactions with these providers at your own risk. We do not
warrant the accuracy or completeness of any information regarding third party
providers.

 

2.) Content

All services provided by JoVisweb
may only be used for lawful purposes. The laws of the State of Georgia, and the
United States of America apply. The customer agrees to indemnify and hold
harmless JoVisweb from any claims resulting from the use of our services.

 

Use of our services to infringe upon
any copyright or trademark is prohibited. This includes but is not limited to
unauthorized copying of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise of a trademark holder
will result in the immediate termination of your account. Any account found to
be in violation of anothers copyright will be expeditiously removed, or access
to the material disabled. Any account found to be in repeated violation of
copyright laws will be suspended and/or terminated from our hosting. If you
believe that your copyright or trademark is being infringed upon, please email
abuse@jovisweb.com with the information required. A list of required
information may be found here. If the request is of a licensing issue, we may require
further documentation.

 

Using a shared account as a
backup/storage device is not permitted,
with the exception of one cPanel backup of the same account. Please do not take
backups of your backups.

Examples of unacceptable material on
all Shared and Reseller servers include:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Examples of unacceptable material on
all Dedicated servers include:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JoVisweb services, including all
related equipment, networks and network devices are provided only for
authorized customer use. JoVisweb systems may be monitored for all lawful
purposes, including to ensure that use is authorized, for management of the system,
to facilitate protection against unauthorized access, and to verify security
procedures, survivability, and operational security. During monitoring,
information may be examined, recorded, copied and used for authorized purposes.
Use of JoVisweb system(s) constitutes consent to monitoring for these purposes.

 

Any account found connecting to a
third party network or system without authorization from the third party is
subject to suspension. Access to networks or systems outside of your direct
control must be with expressed written consent from the third party. JoVisweb
may, at its discretion, request and require documentation to prove access to a
third party network or system is authorized.

 

We reserve the right to refuse
service to anyone. Any material that, in our judgment, is obscene, threatening,
illegal, or violates our terms of service in any manner may be removed from our
servers (or otherwise disabled), with or without notice.

 

Failure to respond to email from our
abuse department within 48 hours may result in the suspension or termination of
your services. All abuse issues must be dealt with via trouble ticket/email and
will have a response within 48 hours.

 

Sites hosted on The Jovis Co's
service(s) are regulated only by U.S. law. Given this fact, and pursuant to
Section 230(c) of the Communications Decency Act, we do not remove allegedly
defamatory material from domains hosted on our service(s). The only exception
to this rule is if the material has been found to be defamatory by a court, as
evidenced by a court order. The Jovis Co is not in a position to investigate
and validate or invalidate the veracity of individual defamation claims, which
is why we rely on the legal system and courts to determine whether or not
material is indeed considered defamatory. In any case in which a court order
indicates material is defamatory, libelous, or slanderous in nature; we will
disable access to the material. Similarly, in any case in which a US Court has
placed an injunction against specified content or material; we will comply and
remove or disable access to the material in question.

 

The language of Section 230(c) of
the Communications Decency Act fundamentally states that Internet services
providers like JoVisweb.com and many of The Jovis Co's other webhosting
services and brands are republishers and not the publisher of content. Our
service merely provides a hosting platform and space on which to host content,
and any creation or publication of content on our services is the sole
responsibility of the third-party user which creates or publishes the content.
Therefore, The Jovis Co should not be held liable for any allegedly defamatory,
offensive or harassing content published on sites hosted under The Jovis Co's
webhosting service(s).

 

If in doubt regarding the
acceptability of your site or service, please contact us at abuse@The Jovis Co
and we will be happy to assist you.  Potential
harm to minors is strictly forbidden, including but not limited to child
pornography or content perceived to be child pornography (Lolita):

 

Any site found to host child
pornography or linking to child pornography will be suspended immediately
without notice.

 

Resellers: we will suspend the site
in question and will notify you so you may terminate the account. We will further
monitor your activity; more than one infraction of this type may result in the
immediate termination of your account.

Direct customers: Your services will
be terminated with or without notice.

Violations will be reported to the
appropriate law enforcement agency.

 

It is your responsibility to ensure
that scripts/programs installed under your account are secure and permissions
of directories are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive as
possible. Users are ultimately responsible for all actions taken under their
account. This includes the compromise of credentials such as user name and
password. It is required that you use a secure password. If a weak password is
used, your account may be suspended until you agree to use a more secure
password. Audits may be done to prevent weak passwords from being used. If an
audit is performed, and your password is found to be weak, we will notify you
and allow time for you to change/update your password.

 

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance
against sending of unsolicited e-mail, bulk emailing, and spam. "Safe
lists", purchased lists, and selling of lists will be treated as spam. Any
user who sends out spam will have their account terminated with or without
notice.

 

Sites advertised via SPAM
(Spamvertised) may not be hosted on our servers. This provision includes, but
is not limited to SPAM sent via fax, phone, postal mail, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in
our IP space being blacklisted will be immediately suspended and/or terminated.

 

JoVisweb reserves the right to
require changes or disable as necessary any web site, account, database, or
other component that does not comply with its established policies, or to make
any such modifications in an emergency at its sole discretion.  JoVisweb reserves the right to charge the
holder of the account used to send any unsolicited e-mail a clean up fee or any
charges incurred for blacklist removal. This cost of the clean up fee is
entirely at the discretion of JoVisweb.

 

4.) Payment Information

You agree to supply appropriate
payment for the services received from JoVisweb, in advance of the time period
during which such services are provided. You agree that until and unless you
notify JoVisweb of your desire to cancel any or all services received, those
services will be billed on a recurring basis.

 

Cancellations must be done in
writing via the cancellation/return
form provided. Once we receive your
cancellation and have confirmed all necessary information with you via e-mail,
we will inform you in writing (typically email) that your account has been
canceled. Your cancellation confirmation will contain a ticket/tracking number
in the subject for your reference, and for verification purposes. You should
immediately receive an automatic "Your request has been received..."
email with a tracking number. An employee will confirm your request (and
process your cancellation) shortly thereafter. If you do not hear back from us,
or do not receive the automatic confirmation email within a few minutes after
submitting your cancellation, please contact us immediately via phone. We require that cancellations of
service are done through the online form to (a) confirm your identity, (b)
confirm in writing you are prepared for all files/emails to be removed, and (c)
document the request. This process reduces the likelihood of mistakes,
fraudulent/malicious requests, and ensures you are aware that the files,
emails, and account may be removed immediately after a cancellation request is
processed.

 

As a client of JoVisweb, it is your
responsibility to ensure that your payment information is up to date, and that
all invoices are paid on time. You agree that until and unless you notify
JoVisweb of your desire to cancel any or all services received (by the proper
means listed in the appropriate section of the Terms of Service), those
services will be billed on a recurring basis, unless otherwise stated in
writing by JoVisweb. JoVisweb reserves the right to bill your credit card or
billing information on file with us. JoVisweb provides a 10 day grace period
from the time the invoice is generated and when it must be paid. Any invoice
that is outstanding for 10 days and not paid will result in a $10 or 10% late
fee (whichever is greater) and/or an account suspension until account balance
has been paid in full. The $10 late fee is applied in addition to whatever else
is owed to JoVisweb for services rendered. Access to the account will not be
restored until payment has been received.

 

It is the customer's responsibility
to notify our sales team via email at sales@jovisweb.com after paying for a domain renewal and to ensure the email
is received and acted upon. Domain renewal notices and invoices are provided as
a courtesy reminder and JoVisweb cannot be held responsible for failure to
renew a domain or failure to notify a customer about a domain's renewal.

 

Subsequently, domain renewals are
billed and renewed 30 days before the renew date. It is the customer's
responsibility to notify our sales team via email at sales@jovisweb.comfor any domain registration cancellation. No refunds can be
given, once a domain is renewed. All domain registrations, and renewals are
final.

Invoices that have been paid more
than once with multiple Paypal Subscriptions can only be added as credit
towards the account and cannot be refunded via Paypal. If you require
assistance with this provision, please contact sales@jovisweb.com.  JoVisweb reserves the right to change the monthly payment
amount and any other charges at anytime.

 

5.) Backups and Data Loss

Your use of this service is at your
sole risk. Our backup service runs once a week, overwrites any of our previous
backups made, and only one week of backups are kept. This service is provided
to you as a courtesy. JoVisweb is not responsible for files and/or data
residing on your account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of files and data
stored on JoVisweb servers.

 

6.) Cancellations and Refunds

JoVisweb reserves the right to cancel,
suspend, or otherwise restrict access to the account at any time with or
without notice. Exchange rate fluctuations for international payments are
constant and unavoidable. All refunds are processed in U.S. dollars, and will
reflect the exchange rate in effect on the date of the refund. All refunds are
subject to this fluctuation and JoVisweb is not responsible for any change in
exchange rates between time of payment and time of refund.

 

Customers may cancel at any time via
a cancellation form. JoVisweb gives you an conditional 30 day money back
guarantee on managed shared hosting, and reseller solutions for any customer
who paid the first invoice with a credit card or with Paypal.

 

Cancellations requested after the
initial 30 days for Shared and Reseller accounts will go into effect on the
renewal date for that particular hosting package. Unless specifically
requested, the account will remain active until the period expires. If the
account is eligible, any request for a refund outside of the initial 45 day
period will be given on a prorated basis with any previous extended term
discount withheld. Refunds are to be determined once the account has been
canceled. Payments older than 60 days may require a refund via PayPal or mailed
check due to our merchant account policies and procedures.

 

The following methods of payments
are non-refundable, and refunds will be posted as credit to the hosting
account:

 

 

 

 

There are no refunds on dedicated
servers, administrative fees, and install fees for custom software. Refund
requests for .com, .net., and .org domain names (made within the 45 day
money-back guarantee period) will have the common market value subtracted for
those tld's. Any ccTLD's domain name purchases are non-refundable. Please note
that domain refunds will only be considered if they were ordered in conjunction
with a hosting package. Eligibility of said refunds will be determined at the time
of cancellation.

 

Only first-time accounts are
eligible for a refund. For example, if you've had an account with us before,
canceled and signed up again, you will not be eligible for a refund or if you
have opened a second account with us.

Violations of the Terms of Service
will waive the refund policy.

 

7a.) Resource Usage

 

User may not:

1) Use 22.5% or more of system resources for longer then 85 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.

2) Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.

3) Run any type of web spider or indexer (including Google Cash / AdSpy) on
shared servers.

4) Run any software that interfaces with an IRC (Internet Relay Chat) network.

5) Run any bit torrent application, tracker, or client. You may link to legal
torrents off-site, but may not host or store them on our shared servers.

6) Participate in any file-sharing/peer-to-peer activities

7) Run any gaming servers such as counter-strike, half-life, battlefield1942,
etc

8) Run cron entries with intervals of less than 15 minutes.

9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed
appropriately.

10) When using PHP include functions for including a local file, include the
local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use
include("include.php")

11) To help reduce usage, do not force html to handle server-side code (like
php and shtml).

12) Only use https protocol when necessary; encrypting and decrypting
communications is noticeably more CPU-intensive than unencrypted
communications.

 

7b.) INODES

The use of more than 225,000 inodes
on any shared account may potentially result in a warning first, and if no
action is taken future suspension. Accounts found to be exceeding the 100,000
inode limit will automatically be removed from our backup system to avoid
over-usage, however databases will still be backed up. Every file (a webpage,
image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode
limits are unlikely to be suspended; however, accounts that constantly create
and delete large numbers of files on a regular basis, have hundreds of
thousands of files, or cause file system damage may be flagged for review
and/or suspension. The primary cause of excessive inodes seems to be due to
users leaving their catchall address enabled, but never checking their primary
account mailbox. Over time, tens of thousands of messages (or more) build up,
eventually pushing the account past our inode limit. To disable your default
mailbox, login to cPanel and choose "Mail", then "Default
Address", "Set Default Address", and then type in: :fail: No
such user here.

 

7c.) Backup Limit

Any shared account using more than
20 gigs of disk space will be removed from our off site weekly backup with the
exception of Databases continuing to be backed up. All data will continue to be
mirrored to a secondary drive which helps protect against data loss in the
event of a drive failure.

 

8.) Bandwidth Usage

You are allocated a monthly
bandwidth allowance. This allowance varies depending on the hosting package you
purchase. Should your account pass the allocated amount we reserve the right to
suspend the account until the start of the next allocation, suspend the account
until more bandwidth is purchased at an additional fee, suspend the account
until you upgrade to a higher level of package, terminate the account and/or
charge you an additional fee for the overages. Unused transfer in one month
cannot be carried over to the next month.

 

9a.) Money back Guarantee

On dedicated servers no full refund
will be honored -- the 30 day money back guarantee does not apply. We reserve
the right to refund a prorated amount or no refund at all.

Each of JoVisweb's managed shared,
VPS, and reseller servers carry a 30 day conditional money back guarantee on
them. If you are not completely satisfied with our services within the
first  30 days of your service, you will
be given a refund based the contract amount. Remember, this is only for monthly
shared or reseller packages and does not apply to dedicated servers,
administrative fees, install fees for custom software, or domain name
purchases.

JoVisweb will not activate new
orders or activate new packages for customers who have an outstanding balance
with JoVisweb. For a new order to be setup or a new package to be activated,
you must have a balance of $0.00, unless otherwise stated by JoVisweb in
writing.

 

9b.) Uptime Guarantee

If your shared / reseller server has
a physical downtime that is not within the 99.9% uptime or caused from
scheduled maintenance you may receive one month of credit on your account.
Approval of the credit is at the discretion of JoVisweb dependent upon
justification provided. Third party monitoring service reports may not be used
for justification due to a variety of factors including the monitor's network
capacity/transit availability. The uptime of the server is defined as the
reported uptime from the operating system and the Apache Web Server which may
differ from the uptime reported by other individual services. To request a
credit, please contact sales@jovisweb.com  with justification.
All requests must be made in writing via email. Uptime guarantees only apply to
shared / reseller solutions. Dedicated servers are covered by a network
guarantee in which the credit is prorated for the amount of time the server is
down which is not related to our uptime guarantee. Scheduled maintenance will
not count towards the network guarantee.

 

10.) Reseller: Client Responsibility

Resellers are responsible for
supporting their clients. JoVisweb does not provide support to our Reseller's
Clients. If a reseller's client contacts us, we reserve the right to place the
client account on hold until the reseller can assume their responsibility for
their client. All support requests must be made by the reseller on their clients'
behalf for security purposes. Resellers are also responsible for all content
stored or transmitted under their reseller account and the actions of their
clients'. JoVisweb will hold any reseller responsible for any of their clients
actions that violate the law or the terms of service.

 

11.) Shared (non-reseller accounts)
/ Semidedicated Servers

Shared accounts may not resell web
hosting to other people, if you wish to resell hosting you must use a reseller
account. Semi-dedicated servers are not backed up. You must maintain your own
backups.

 

The Business plan provides a free
toll-free number for your web site and business. Minutes Included Per Month:
100 -- Additional Minutes: 4.9 Cents. Included minutes are based on a calendar
month. By default, you'll be able to receive calls from US callers only. You
can enable calls from Canada in your control panel, but will be billed 6.9
cents per minute for all calls from Canada due to the increased costs of
providing service there. This service is provided and supported by a provider
for new JoVisweb clients.

 

*Please note: Toll-Free numbers
issued must be called at least once every 30 days. Toll-free numbers with 0
calls in a 30 day period will be considered inactive and disconnected. If you
cancel your hosting package with JoVisweb or switch to a plan other than the
business plan, your toll-free number will be disconnected unless you contactthe
provider to change to a paid service plan prior to the JoVisweb cancellation.

 

12.) Dedicated Servers

JoVisweb reserves the right to reset
the password on a dedicated server if the password on file is not current so
that we may do security audits as required by our datacenter. It is the
responsibility of the client to ensure that there is a valid email address and
current root password on file for their dedicated server on file to prevent
downtime from forced password resets. JoVisweb reserves the right to audit
servers as needed and to perform administrative actions at the request of our
datacenter. Dedicated servers are NOT backed up by us and it is the
responsibility of the client to maintain backups or have a solution for this.
You may purchase an additional hard drive and maintain backups to it as the
simplest solution. Please contact sales@jovisweb.com if you wish to obtain a secondary hard drive. It is your
responsibility to maintain backups.

 

13.) Price Change

The amount you pay for hosting will
never increase from the date of purchase. We reserve the right to change prices
listed on Jovisweb and the right to increase the amount of resources given to
plans at any time.

 

14.) Coupons

Discounts and coupon codes are
reserved for first-time accounts *or first-time customers* only and may not be
used towards the purchase of a domain registration unless otherwise specified.
If you have signed up using a particular domain, you may not resign up for that
domain using another coupon at a later date. Any account found in violation of
these policies will be reviewed by our sales department and the appropriate
invoices will be added to the account. Coupon abuse will not be tolerated and
may result in the suspension or termination of the account. Coupons or
discounts are only valid towards the initial purchase, and do not affect the
renewal or recurring price.

 

15a.) Indemnification

Customer agrees that it shall
defend, indemnify, save and hold JoVisweb harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against JoVisweb, its agents, its customers, officers and employees,
that may arise or result from any service provided or performed or agreed to be
performed or any product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless JoVisweb against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with JoVisweb; (2) any
material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and (4) any
defective products sold to customers from JoVisweb's server.

 

15b.) Arbitration

 

By using any JoVisweb services, you
agree to submit to binding arbitration. If any disputes or claims arise against
JoVisweb or its subsidiaries, such disputes will be handled by an arbitrator of
JoVisweb's choice. An arbitrator from the American Arbitration Association or
the National Arbitration Forum will be selected in the state of Texas.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant
to the applicable rules. All decisions rendered by the arbitrator will be
binding and final. The arbitrator's award is final and binding on all parties.
The Federal Arbitration Act, and not any state arbitration law, governs all
arbitration under this Arbitration Clause. You are also responsible for any and
all costs related to such arbitration.

 

16.) Disclaimer

JoVisweb shall not be responsible
for any damages your business may suffer. JoVisweb makes no warranties of any
kind, expressed or implied for services we provide. JoVisweb disclaims any
warranty or merchantability or fitness for a particular purpose. This includes
loss of data resulting from delays, no deliveries, wrong delivery, and any and
all service interruptions caused by JoVisweb and its employees.

 

17.) Disclosure to law enforcement

JoVisweb may disclose any subscriber
information to law enforcement agencies without further consent or notification
to the subscriber upon lawful request from such agencies. We will cooperate
fully with law enforcement agencies.

 

18.) Changes to the TOS

JoVisweb reserves the right to
revise its policies at any time without notice.

Virtual Private Server TOS addendum Click Here

Domain Registration Agreement Click Here